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Habib

23 February 2005

Mamdouh Habib, held without a charge?

Presented by Kerry Staight (Episode 2)

If someones accused of a crime they have rights too, no matter how innocent or guilty they look. Looks like someone is up to no good.

Oh oh. If the police catch someone stealing, they have every right to arrest that person, because theyve got some pretty good evidence.

I saw you steal that money.

Hold everything! If someones accused of a crime they have rights too, no matter how innocent or guilty they look. For a start they dont have to answer questions during a police interview and they can contact a lawyer beforehand. Ah very good...carry on.Kerry Staight, reporter

Police are only allowed to keep a suspect for a certain amount of time, without charging them. It varies from case to case, but its usually two or four hours.

Times up.

Okay so the police have to follow some pretty strict rules, when they think someone has committed a crime.Kerry Staight, reporter

Hang on... Mamdouh Habib, an Australian man, was locked up for three and a half years without being charged with anything. Whats going on there?

Well first of all Mr Habib, thats him arriving back in Australia after his release, was actually locked up by United States authorities after being arrested in Pakistan. So the US took control and followed its own rules.

And second Mr Habib was accused of being involved in terrorist activities.

Now terrorism is considered a special crime by many governments, including the Australian and US governments, so there are special rules to deal with it and the normal ones dont apply. But why are there special rules?Kerry Staight, reporter

Well as you probably know on September 11 2001, the US was attacked when four planes were hijacked and crashed into the World Trade Centre, the Pentagon and a field. Many consider the people behind the attack terrorists.

Terrorists create terror or fear. They do that by using violence or threatening to use violence to persuade governments or people to make changes in society.

But many governments, including Australias, think terrorism is wrong. And after September 11, they wanted more power to try and stop it.

Which is what the special anti-terrorism rules are all about. They give authorities like the police and ASIO more power.Kerry Staight, reporter

In case youre wondering, ASIO is short for Australian Security Intelligence Organization... what a mouthful. Its job is to look after national security - to protect Australia from threats including terrorism. So what extra powers does it have?

Well normally authorities cant arrest anyone unless they have some actual evidence theyve committed a crime and theres nothing going on here to suggest that. After all its perfectly legal to talk on a phone outside a gun shop.

But ASIO doesnt need as much evidence to detain someone if it believes they know anything about terrorist activity. They also have to answer questions, unlike in a normal police interview. They dont get as much help from lawyers. And they can be detained a lot longer, without being charged.

As you can see, while the special rules give authorities more power than normal, the people they speak to have less. So while the rules may help protect us, are they fair?Kerry Staight, reporter